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Thursday, August 15, 2013

I've not posted previously about this truly tragic death that occurred after some idiot discharged a firearm into the air in an apparent celebratory act on Independence Day because it is not something that is 2nd Amendment related. It was a senseless act that law-abiding gun owners know should never be done.For background, this has become an increasing problem in Chesterfield County where I live. Firing indiscriminately into the air in celebration is something practiced in a number of Third World countries. The influx of people into the county from locations that fit that description has caused consternation to citizens in some neighborhoods on dates like July 4th and New Years Eve because apparently these new arrivals don't seem to understand that not only is the practice unsafe, it is illegal.On July 4th of this year, a seven year-old boy, Brendon Mackey, was walking with his family to a fireworks display and was struck in the head by what police say was a .40 bullet fired into the air from somewhere within 5000 ft of the area. The boy died the next day. Police have yet to identify the individual responsible. Police, aided by BATFE agents, have canvassed the surrounding area asking residents if they heard something around the time of the incident and if they could describe from where they heard it. The only real way they will likely find the culprit is if someone comes forward, something that hasn't happened to date.

Now, State Sen. Henry L. Marsh III is proposing "Brendon's Law" to stiffen
penalties for people who
randomly discharge firearms into the air and for injuries or deaths that result
from the act. Currently, localities have the ability to ban
the discharge of firearms within certain distances of businesses or dwellings. In the case of Chesterfield, the violation of
the county ordinance prohibiting discharge within 600 feet of a (i) dwelling of
another; (ii) business establishment; (iii) public building; (iv) public
gathering; or (v) public meeting place carries up-to a $1000 fine. There is an exemption for discharging a firearm in self-defense.

A. If any person willfully discharges or causes to
be discharged any firearm in any street in a city or town, or in any place of
public business or place of public gathering, and such conduct results in
bodily injury to another person, he shall be guilty of a Class 6 felony (1-5 years in prison and $2500 fine). If
such conduct does not result in bodily injury to another person, he shall be
guilty of a Class 1 misdemeanor.

So, it would
seem state law already covers the incident that occurred on July 4th. I
guess one could argue that the felony should be reclassified to a more serious
class. But it looks more like a well known anti-Second Amendment legislator taking an opportunity use a tragic death to grandstand against firearms and gun owners.